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Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

....with the members of his family in the structure within Mazar premises and the shops are let out to different tenants. Their case is that CS and SA Khatian has been wrongly recorded in the name of the Government but the plaintiff is in possession of the suit property and the defendants have no title,......in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property enrolled as EC No.5658 of the Administrator of Waqf, Bangladesh. Plaintiff has been appointed Khadem by the Administrator of Waqf in 1970. Their case is ......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Golam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Chief Engineer, C & B and another ................... Petitioners Vs. Shah Hingul Mazar Sharif and others.................: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Golam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Chief Engineer, C & B and another ................... Petitioners Vs. Shah Hingul Mazar Sharif and others....................Respondent Judgment August 9, 20..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....p;           M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article......nbsp;   M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article 103 of the Constitution on being aggrieved, ......;         Suhel Ahmed Chowdhury .....................Appellant   Vs.   Salahuddin Ayubi and others...............Respondent      Judgment&nbs......;                 Suhel Ahmed Chowdhury .....................Appellant   Vs.   Salahuddin Ayubi and others...............Respondent   ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......ry J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent  Ju......in J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent  Judgment July 24, 2001. ......eza Chowdhury J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....que J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others…………………&hel......students of Purba Andua Balika Dakhil Madrasha. 27. The petitioners' case is that they were the regular students of different Madrashas as given hereinabove and got their names registered in Bangladesh Madrasha Education Board (hereinafter referred to as the Board) as regular students. They......       ......nwarul Haque J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others………………&he..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ...... Court Appellate Division (Civil)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisio...... (Civil)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & oth...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & others.....Respondents .  Ju..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....nd ship engaged in carrying passengers shall proceed on any voyage or be used for any service for mercantile purposes: (a) unless she has a valid route permit granted by the Government or an authority authorised by it in this behalf and an approved time table. ...... Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others……&......il) Present: Mahmudul Amin Chowdhury CJ        Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap......wdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others&hell..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

.... 28th February, 2000 moved the High Court Division in writ jurisdiction and obtained the Rule on 29th February, 2000.  3. The Rule was contested by the Board stating, inter alia, that the Government agreed to bear the liability of short term loan claimed by the Agrani Bank and, as such, ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents   Judgment June 24, 2001. ......esent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents   Judgment June ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......d others.....................Respondents Judgment May 29, 2001. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102  There is special provision for appeal against the judgment an......ahmudul Amin Choudhury CJ Mainur Reza Chowdhury J M Gholam Rabbani J Md. Ruhul Amin J  Md. Fazlul Karim J Gazi M Towfic...........................Petitioner Vs. Agrani Bank and others.....................Respondents Judgment May 29, 2001. Result: The leave peti......l) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J M Gholam Rabbani J Md. Ruhul Amin J  Md. Fazlul Karim J Gazi M Towfic...........................Petitioner Vs. Agrani Bank and others.....................Respondents Judgment May 29, 2001. Result..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

.... Ed This Case is also Reported in: 54 DLR (2002) 364. ......is Case is also Reported in: 54 DLR (2002) 364. ......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......sdiction) Present: Gour Gopal Saha J SK Sinha J Government of Bangladesh……………………Defendant– Appellant-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plainti..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ...... Kazi Ebadul Haque J                               Bangladesh Road Transport Corporation and another……….. Petitioners Vs. ......sp;                            Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah……&hell......bsp;                 Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah…………...................................…&..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Professor Nurul Islam and others.……………………Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment Feb......Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Professor Nurul Islam and others.……………………Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment February 7, 2000. Cases Referred To- B......passed as to this Court may seem fit and proper. ....... ..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life. 2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and ......so Reported in: ......rt High Court Division (Special Original Jurisdiction) Present: Mohammad Gholam Rabbani J Nazmun Ara Sultana J Editor, The daily Banglabazar Patrika and two others.…Petitioners Vs. District Magistrate and Deputy Commissioner, Nagaon ……….…Respondent Judgment J..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....5(2)I(c) of the Ordinance, that is to say, that certain portion of the exempted income of the industrial undertaking must be reinvested in the industrial undertaking or invested in the purchase of Government bond and such reinvestment or investment should not be (i) less than fifteen percent of ......e. The most im­portant section is section 45 of the Ordinance, which provides that subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inc......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Re­spondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......isdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Sunderban Taxtils Mills………………………………………………………..Applicant Vs. The Commissioner of Taxes………………………………………………..Re­sponde..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....a Samity known as (Bangladesh Family Planning Association), hereinafter in brief the samity, a social Welfare Organisation, registered under the Directorate of Population Control and Family Planning, Government of Bangladesh and also with the Department of Social Welfare, is engaged in the work of f......egal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ction) Present: Md. Ruhul Amin J SK Sinha J Bangladesh Paribar Parikalpana Samity…………………………Petitioner Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents Judgment November 18, 1999. Cases Referred To- Ku......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J SK Sinha J Bangladesh Paribar Parikalpana Samity…………………………Petitioner Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....al Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for ......conding the discretion to withdraw the case ought not to have been exercised.................(12 & 13) Cases Referred to- Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: ......Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Prativa Rani Dey Tirtha......................Appellant Vs. Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent Judgment August 10, 1999. Result: ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Prativa Rani Dey Tirtha......................Appellant Vs. Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Responde..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

....l is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an individual case and i......; ......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……â......t: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……………………………………………Re..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....) 234. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Rokeya Kabir…………………………..Petitioner Vs. Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent Judgment May ......isional Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Rokeya Kabir…………………………..Petitioner Vs. Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent Judgment May 26, 1999. Cases Referred To- Gillick Vs. W......) (2000) 234. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....s for granting of anticipatory bail by the High Court Division. Before parting with the cases, I feel that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure ...... Criminal Appeal No. 19 of 1998, the accused-respondent in his application under section 498 of the Code of Criminal Procedure for anticipatory bail, inter alia, stated that he is the President of Bangladesh Jatiyatabadi Juba Dal, Porsha Unit, and Vice-President of the opposition party of N......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J State………………… Appellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....esh Bank. Moreover, Bangladesh Bank acted arbitrarily and in a mala fide manner in compelling the respondent No.1 to keep the said decisions in abeyance when respondent No.1 acted in pursuance of the Government decision communicated vide Memo dated 4-3-1986. 3. Learned Advocate for the responde......il 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Adv......eported in: 51 DLR (1999) (HCD) 350.......ourt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Fazlur Rahman and Co. (Pvt.) Ltd……………………….Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April ..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....ry of the petitioner's personal effects and other articles supplied to him by different ministries and were kept in the Sena Bhaban. After examining the report of the committee it appeared to the Government that there were eight unlicensed arms and some ammunition in the list of articles prepare......al 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Hasanuddin Sarkar Vs. The State, 34 DLR 287, Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) 38, Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69, Abdul Ali Vs. The State, 30 DLR (SC) 58 and Akhlar Ra......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not......me Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad..............Petitioner Vs. The State ............................Respondent Judgment February 26, 1991. ..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58